Article 39 (Article 4(1)(2) of Directive 2004/39/EC)Derivatives within Section C(10) of Annex I to Directive 2004/39/EC

In addition to derivative contracts of a kind referred to in Section C(10) of Annex I to Directive 2004/39/EC, a derivative contract relating to any of the following shall fall within that Section if it meets the criteria set out in that Section and in Article 38(3):

1. (a)

   telecommunications bandwidth;

2. (b)

   commodity storage capacity;

3. (c)

   transmission or transportation capacity relating to commodities, whether cable, pipeline or other means;

4. (d)

   an allowance, credit, permit, right or similar asset which is directly linked to the supply, distribution or consumption of energy derived from renewable resources;

5. (e)

   a geological, environmental or other physical variable;

6. (f)

   any other asset or right of a fungible nature, other than a right to receive a service, that is capable of being transferred;

7. (g)

   an index or measure related to the price or value of, or volume of transactions in any asset, right, service or obligation.